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SMITH v. CHESTER TOWNSHIP BD. OF TRUSTEES

Nos. 78-1448 and 79-108.

60 Ohio St. 2d 13 (1979)

IN RE APPEAL OF SMITH, APPELLEE, v. CHESTER TOWNSHIP BOARD OF TRUSTEES, APPELLANT. (TWO CASES.)

Supreme Court of Ohio.

Decided November 7, 1979.

Attorney(s) appearing for the Case

Mr. Kenneth D. Korosec, for appellee.

Mr. John F. Norton, prosecuting attorney, and Mr. Timothy A. Marcovy, for appellant.

SWEENEY, J.

In this cause we are initially confronted with the issue of whether the order to appellant to prepare and file the transcript of hearing testimony is a final, appealable order, defined in R. C. 2505.02 as:

"An order affecting a substantial right in an action which in effect determines the action and prevents a judgment, [or] an order affecting a substantial right made in a special proceeding* * *...

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